IPC 314 to BNS 90: Death caused by act done with intent to cause miscarriage
Section 314 IPC (1860) replaced by Section 90 BNS (2023)
IPC 314 to BNS 90 at a Glance
Section 314 IPC (Death caused by act done with intent to cause miscarriage) is now Section 90 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.
What Changed From IPC 314 to BNS 90?
Section 314 IPC is now Section 90 BNS. The provision is now divided into two sub-sections. Sub-section 1 punishes the base offence with imprisonment of either description for up to ten years and liability to fine, and sub-section 2 punishes the act done without the consent of the woman with imprisonment for life or the punishment in sub-section 1. The Explanation is retained.
IPC 314 vs BNS 90: Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 314 | 90 |
| Offence | Death caused by act done with intent to cause miscarriage | Same |
| Punishment | Imprisonment of either description for up to ten years; if the act is done without the consent of the woman, imprisonment for life, or as above. | Same |
| Fine | The offender is also liable to fine under the first limb. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Court of Session | Same |
IPC 314 and BNS 90: Bare Act Text Side by Side
Section 314, IPC 1860
Section 90, BNS 2023
Ingredients: IPC 314 vs BNS 90
- The woman was with child
- The accused did an act with the intent to cause her miscarriage
- The act caused the death of the woman
- Under the Explanation, proof that the accused knew death was likely is not essential
- Doing an act with intent to cause the miscarriage of a woman with child
- The act causes the death of the woman
- Enhanced punishment where the act is done without the consent of the woman
- The offender need not know that the act is likely to cause death
What IPC 314 to BNS 90 Means for Pending Cases
FAQs: IPC 314 to BNS 90
What is the BNS equivalent of Section 314 IPC?▼
Section 90 BNS replaces Section 314 IPC, dividing the substantive provisions into sub-sections 1 and 2 while preserving identical punishments.
Is knowledge that the act would cause death necessary under Section 314 IPC?▼
No. The Explanation specifically establishes that it is not essential that the offender knew the act was likely to cause death.
Does Section 314 IPC or Section 90 BNS apply to an act done before 1 July 2024?▼
Acts taking place prior to 1 July 2024 are prosecuted under Section 314 IPC, whereas subsequent acts are governed by Section 90 BNS.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·